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2016 Op. Alaska Att'y Gen. 1 (2016)

handle is hein.sag/sagak0092 and id is 1 raw text is: April 6, 2016 The Honorable Bill Walker Governor State of Alaska P.O. Box 110001 Juneau, AK 99811-0001 Re: Interpretation of AS 42.05.711 (r) Dear Governor Walker: You requested an opinion on whether the exemption from regulation by the Regulatory Commission of Alaska (RCA') provided for in AS 42.05.711 (r) applies to an expansion of a plant or facility that qualified for the exemption, if the expansion occurs after January 1, 2016. A plain reading of the statute is ambiguous. But applying the rules of statutory construction, I am of the opinion a court addressing the issue will find that the exemption applies to a qualifying plant or facility that expands after January 1, 2016, as long as the plant or facility continues to meet the other eligibility requirements. I. Alaska Statute 42.05.711(r) creates an exemption from regulation by the Regulatory Commission of Alaska. The Alaska Public Utilities Regulatory Act (the Act) allows for RCA to, among other things, regulate every public utility engaged or proposing to engage in a utility business inside the state.' A public utility includes every corporation, company, individual, or association that operates, manages, or controls a plant or facility that furnishes, by generation, transmission, or distribution, electrical service to the public for AS 42.05.141(a)(1).